Last May, I reported on a Ninth Circuit Court of Appeals decision opining on the descriptiveness of the "Would You Rather…?" trademark registration. Subsequent to the Ninth Circuit’s decision, the case returned to the United States District Court for the Central District of California and is now styled Spin Master, Ltd. v. Zobmondo Entertainment, LLC. … Continue Reading
Tag Archives: Ninth Circuit Court of Appeals
License With Care
Posted in Agreements, Contracts, Copyrights, Infringement, Law Suits, Loss of RightsThe Ninth Circuit Court of Appeals has recently issued a pair of opinions fleshing out a principle in copyright law known as the "first sale doctrine." The principle traces its roots to the 1908 Supreme Court opinion of Bobbs-Merrill Co. v. Straus. It is currently enshrined in statute and provides in basic part, "the owner of a… Continue Reading
Gibson’s Case Strikes Chord with Court
Posted in Infringement, Law Suits, Product Configurations, TrademarksIn November I commented on Gibson Guitar Corp.’s suit against the makers and retailers of PAPER JAMZ toy guitars. To recap briefly, past efforts by both Gibson and Fender Music to enforce trademark interests in their respective guitar body shapes have been largely unsuccessful. Until now. On December 21, 2010, the U.S. District Court for the… Continue Reading
Nominative Fair Use of Trademarks in Domain Names
Posted in Domain Names, Fair Use, Famous Marks, Infringement, Law Suits, TrademarksLast month, the United States Court of Appeals for the Ninth Circuit issued an opinion in the case of Toyota Motor Sales, U.S.A. v. Tabari that asked whether the domain names buy-a-lexus.com and buyorleaselexus.com used in connection with automobile brokerage services infringed Toyota’s trademark rights in LEXUS. Conventional legal wisdom is that only the owner of a trademark… Continue Reading
Which “Would You Rather” Would You Rather Play?
Posted in Branding, Dilution, Law Suits, TrademarksA couple of weeks ago, the U.S. Court of Appeals for the Ninth Circuit reversed a district court that had held that the federally registered trademark "WOULD YOU RATHER . . . ?" was merely descriptive as applied to books and games. (PDF of appellate opinion here.) Briefly, the facts are that Falls Media owns the aforementioned trademark registration,… Continue Reading
All About Taglines and Advertising Slogans: Who’s Your Patty Anyway?
Posted in Advertising, Branding, Dilution, Famous Marks, Food, Infringement, Law Suits, Marketing, TrademarksTaglines and advertising slogans can be wonderful branding and marketing tools, but I’m thinking (not Arby’s, by the way) that McDonald’s is probably not thinkin’ that its (likely) famous I’m lovin’ it tagline accurately describes its taste for the federal trademark infringement lawsuit that Twin Cities-based Lion’s Tap recently slapped on McDonald’s for its whopper of an advertising campaign — promoting its new Angus… Continue Reading
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Duets Blog Authors
Steve Baird
Just so you know, I'm all about brands and the law, both professionally and personally. I regularly annoy family and friends in retail stores by focusing on product labels—not to buy the product, but to read the fine print and ask, "Who owns these brands" and "Did they really register those marks?" More...
Dan Kelly
You can call me a “non-traditional” attorney, which is a polite way of saying that I did not attend law school straight out of college. I spent five of my first six years after college as a junior high school teacher. The other year I worked as an engineer for a large corporation. More...
Sharon Armstrong
Voted most likely to become an actress while in pre-school, I don’t think I surprised anyone by becoming a lawyer, the steadiest professional gig open to those with a flair for the dramatic. More...
Brent Lorentz
Although I wish I could say my path to the law was the result of a lifelong dream or calling, it was more the result mere curiosity and an affinity for leather-bound books. More...
Catlan McCurdy
Having long been told by my parents that I could do or be anything I wanted, I chose at the age of 10 to become an attorney, as it was the career that would most likely lead me to my goal of becoming the first woman POTUS.More...
Tiffany Blofield
Although my initial career path was to be one of the Supremes (not the musically talented ones with platform shoes and sequins, but rather, the nine wearing sensible shoes and pressed black robes in DC), I will likely stay in Minnesota as I have never lived anywhere else. More...
Brad Walz
My law career started on the ice…as a defensive hockey player (we’re not talking professionally…and if I were, I probably wouldn’t have gotten into law). More...
Susan Perera
Born into the world with an aptitude for science and an affinity for art I found my career path quickly chosen for me. More...
Joy S. Newborg
When I took a personality/career test in high school to determine which path in life I should follow, I was told I should either be in broadcast journalism or law. So after I went to undergraduate school for broadcast journalism and film/television, I went on to obtain my law degree from the University of Minnesota. More...
Laura Gutierrez
An attorney I am not. Though told to become one, I don't possess those qualities needed to be an effective one (I lack confrontation skills, and although I can write a great argumentative essay, I can’t argue outside a sheet of paper). More...